Patna High CourtCR. MISC./68272/2023bail granted

Ashok Kumar v. The State Of Bihar

2023-10-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68272 of 2023 Arising Out of PS. Case No.-326 Year-2023 Thana- BAISI District- Purnia ====================================================== ASHOK KUMAR S/O LATE RAKTU SAH @ RATKU SAH RESIDENT OF VILLAGE-GOBARI, POLICE STATION-BANJARIYA, DISTRICTEAST CHAMPARAN, BIHAR ... ... Petitioner/s

Versus

The State of Bihar 2.

THE DIRECTOR, VIGILANCE DEPARTMENT, PATNA BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh Mr.Aryan Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey For the Vigilance :

Mr. Rana Vikram Singh, Spl. P.P.

Mrs. Rashika ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is in custody since 06.08.2023 in connection with Baisi P.S. Case No. 326 of 2023 registered for the offence punishable under Sections 341/342/323/386/387/ 506/34 of the Indian Penal Code and Section 7 of the Prevention of Corruption Act, 1988.

3. As per the prosecution case, the petitioner who is a retired army personnel is alleged to have extorted money from the trucks.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to politics. He further submits that the petitioner is a retired army personnel and known for his honesty. He next submits that the recovered

Patna High Court CR. MISC. No.68272 of 2023(3) dt.18-10-2023 2/2 money belongs to the petitioner. The petitioner has no criminal antecedents. He also submits that the petitioner offers to pay Rupees Fifty Thousand in a charitable organization without accepting his guilt.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge Vth cum Special Judge, Vigilance, Bhagalpur in connection with Baisi P.S. Case No. 326 of 2023.

7. The petitioner will co-operate in the trial.

8. The petitioner's bail bond shall be accepted only after he deposits Rs. 50,000/- (Rupees Fifty Thousand Only) in Ram Krishna Mission Sewashrama, Muzaffarpur and produces the receipt of the same and after verifying the genuineness of the receipt the petitioner shall be released. (Sandeep Kumar, J) Saif/- U T